PART 2.1 Rights confirm that human rights are applicable to all persons, by virtue of their humanity.74 Many human rights treaties either explicitly or implicitly assert this position. For example, application of the International Covenant on Civil and Political Rights is specifically extended by article 2 (1) to “all individuals within [the] territory [of the State party] and subject to its jurisdiction … without distinction of any kind”. Article 26 of the International Covenant on Civil and Political Rights also specifically guarantees, to “all persons”, equality before the law and equal protection of the law without discrimination. The Human Rights Committee has affirmed that: The rights set forth in the Covenant apply to everyone, irrespective of reciprocity, and irrespective of his or her nationality or statelessness. Thus, the general rule is that each one of the rights of the Covenant must be guaranteed without discrimination between citizens and aliens.75 In its general comment No. 15, the Human Rights Committee has further specified that: The Charter of the United Nations in its Article 55 requires the Organization to: “promote universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. See also Article 13 which identifies, as one of the purposes of the United Nations, the promotion of international cooperation and “assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. The language of the Universal Declaration of Human Rights at article 2 is similarly inclusive with the rights set forth therein applying to “everyone” – without distinction of any kind such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 74 Human Rights Committee, general comment No. 15 on the position of aliens under the Covenant. See also its general comment No. 31 on the nature of the general legal obligation imposed on States parties to the Covenant (para.10). The Special Rapporteur on the rights of non75 58 Aliens … have an inherent right to life, protected by law, and may not be arbitrarily deprived of life. They must not be subjected to torture or to cruel, inhumane or degrading treatment or punishment, nor may they be held in slavery or servitude. Aliens have the full right to liberty and security of the person. If lawfully deprived of their liberty, they shall be treated with humanity and with respect for the inherent dignity of their person. Aliens may not be imprisoned for failure to fulfil a contractual obligation. They have the right to liberty of movement and free choice of residence; they shall be free to leave the country. Aliens shall be equal before the courts and tribunals, and shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law in the determination of any criminal charge or of rights and obligations in a suit at law. Aliens shall not be subjected to retrospective penal legislation, and are entitled to recognition before the law. They may not be subjected to arbitrary or unlawful interference with their privacy, family, home or correspondence. They have the right to freedom of thought, conscience and religion, and the right to hold opinions and to express them. citizens has noted that the general comment very much reflects the substance of the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live: Prevention of discrimination and protection of indigenous peoples and minorities: the rights of non-citizens: Preliminary report of the Special Rapporteur, Mr. David Weissbrodt, submitted in accordance with Sub-Commission decision 2000/103 (E/CN.4/Sub.2/2001/20, para. 103). In the present context it is relevant to note that the Declaration specifically provides that nothing in it “shall be interpreted as legitimizing the illegal entry into and presence in a State of any alien, nor shall any provision be interpreted as restricting the right of any State to promulgate law and regulations concerning the entry of aliens and the terms and conditions of their stay or to establish differences between nationals and aliens. However, such laws and regulations shall not be incompatible with the international legal obligations of that State, including those in the field of human rights”. RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING